LaMont v. Fullam

Massachusetts Supreme Judicial Court

LaMont v. Fullam

133 Mass. 583, 1882 Mass. LEXIS 302

CourtMassachusetts Supreme Judicial Court

DecidedDecember 2, 1882

StatusPublished

Cited by1 cases

This text of 133 Mass. 583 (LaMont v. Fullam) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

LaMont v. Fullam, 133 Mass. 583, 1882 Mass. LEXIS 302 (Mass. 1882).

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Opinion

Bv the Court.

Upon the evidence as reported to us, we are of opinion that the finding in favor of the plaintiff against the defendant Fullam cannot be sustained. There was no evidence that Fullam held himself out to the plaintiff as a partner of Zeigler. If the arrangement between the defendants was that Fullam was to furnish the yard and put it in order for manufacturing bricks, and Zeigler was to furnish the materials and labor for making the bricks, which were to be divided between them when they were made, this did not make them partners. Holmes v. Old Colony Railroad, 5 Gray, 58. The essential element of an agreement to participate in the profits and losses is wanting. We are not able to see any evidence to justify a finding that they agreed to share the profits and losses of the business, and therefore are of opinion that the plaintiff is not entitled to judgment against Fullam. Pratt v. Langdon, 97 Mass. 97. Exceptions sustained.

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Bv the Court.

Upon the evidence as reported to us, we are of opinion that the finding in favor of the plaintiff against the defendant Fullam cannot be sustained. There was no evidence that Fullam held himself out to the plaintiff as a partner of Zeigler. If the arrangement between the defendants was that Fullam was to furnish the yard and put it in order for manufacturing bricks, and Zeigler was to furnish the materials and labor for making the bricks, which were to be divided between them when they were made, this did not make them partners. Holmes v. Old Colony Railroad, 5 Gray, 58. The essential element of an agreement to participate in the profits and losses is wanting. We are not able to see any evidence to justify a finding that they agreed to share the profits and losses of the business, and therefore are of opinion that the plaintiff is not entitled to judgment against Fullam. Pratt v. Langdon, 97 Mass. 97. Exceptions sustained.

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Bluebook (online)

133 Mass. 583, 1882 Mass. LEXIS 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamont-v-fullam-mass-1882.

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